HARRELL & NESLAND

In the matter of *Harrell & Nesland*, heard before Judge Jarrett, the dispute concerned the existence and duration of a de facto relationship between the parties. The applicant sought declarations regarding the commencement and final breakdown of this relationship, which would have implications for property settlement proceedings.

The central legal issue before the Court was whether a de facto relationship existed between the parties, and if so, when it commenced and when it finally broke down, specifically in relation to the commencement date of the *Family Law Act 1975* (Cth) amendments concerning de facto relationships.

Judge Jarrett applied sections 90RD(1) and (2) of the *Family Law Act 1975* to determine the existence and duration of the de facto relationship. The Court found that a de facto relationship did exist between the parties, commencing in 1997, and importantly, that this relationship did not finally break down before 1 March 2009, the operative date for the application of the relevant legislative provisions. The proceedings were subsequently listed for further directions.